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Arthur St. Clair Letter to Judges Parsons and Varnum

Om74_1146927_025

[in a different hand] [1788
[in a different hand] July 29]
Gentlemen
I have attentively perused the Law you have
have been pleased to present to me by relating to Estates held in common
but I have not been able to discover any benefit that would result
from it to the Society: It appears indeed to me on the contrary
to be unfit for the Territory in the present circumstances of the
Government: to be liable to arbitrary construction ; in come-
Measure to be at variance with the Spirit of the Ordinance of
Congress; to want that power of general application which all -
general Laws should possess; and that, by designing Men it might
be perverted to sanction sinister purposes.
It is unfit for the Territory in its present circum=
stances because no news Paper pervades it, or can pervade it within
the times the advertisements are proposed to be continued; yet
Persons who are to be affected may live at each extremity of the
Territory or at each extremity of the United States _ Were the -
Advertisements to be inserted in the Kentucky or Pittsburgh Papers
for example, it is not very probable that persons residing in Georgia
or New Hampshire would see them in that time; and were they [written above] inserted
in some parts of the Territory
The general Words "transact such Matters as shall
concern their common Estate" may be [crossed out] [illegible crossed out] are too loose if it is the
intention of the Law that the proceedings of Proprietors meetings should [caret] on all the proprietors [written below line]
be cloathed with the force of legal Obligation__ It is true the Business [caret] is [written below line]
to be transacted is to be specified, but this there is no provision that they -
shall meddle with nothing but what has been specified _ I believe
the specified Articles would be acted upon, and under the Words above
mentioned the [caret] Proprietors met [written above line] would concern themselves justified in action upon
every thing else that had respect to the common Property.
besides it might so happen that a Majority might consist of a single Person
It would not be very proper to leave property to such a Contingency

[in a different hand] [1788
[in a different hand] July 29]
Gentlemen
I have attentively perused the Law you have
have been pleased to present to me by relating to Estates held in common
but I have not been able to discover any benefit that would result
from it to the Society: It appears indeed to me on the contrary
to be unfit for the Territory in the present circumstances of the
Government: to be liable to arbitrary construction ; in come-
Measure to be at variance with the Spirit of the Ordinance of
Congress; to want that power of general application which all -
general Laws should possess; and that, by designing Men it might
be perverted to sanction sinister purposes.
It is unfit for the Territory in its present circum=
stances because no news Paper pervades it, or can pervade it within
the times the advertisements are proposed to be continued; yet
Persons who are to be affected may live at each extremity of the
Territory or at each extremity of the United States _ Were the -
Advertisements to be inserted in the Kentucky or Pittsburgh Papers
for example, it is not very probable that persons residing in Georgia
or New Hampshire would see them in that time; and were they [written above] inserted
in some parts of the Territory
The general Words "transact such Matters as shall
concern their common Estate" may be [crossed out] [illegible crossed out] are too loose if it is the
intention of the Law that the proceedings of Proprietors meetings should [caret] on all the proprietors [written below line]
be cloathed with the force of legal Obligation__ It is true the Business [caret] is [written below line]
to be transacted is to be specified, but this there is no provision that they -
shall meddle with nothing but what has been specified _ I believe
the specified Articles would be acted upon, and under the Words above
mentioned the [caret] Proprietors met [written above line] would concern themselves justified in action upon
every thing else that had respect to the common Property.
besides it might so happen that a Majority might consist of a single Person
It would not be very proper to leave property to such a Contingency